(arguably including stun grenades) and some common types of riot control agents are
included, the WA lists do not cover certain widely employed RCAs such as OC, pepper
sprays or synthetic versions such as PAVA. Similarly, neither electric shock weapons nor
many newer types of less lethal system such as optical dazzlers, acoustic devices or directed
energy weapons are currently covered by the WA lists.lxviii
Unfortunately the regulatory situation outside of the WA Member States is even worse. Many
States where new production of less lethal munitions and equipment is being set up have
weak or non-existent exports controls on such equipment, and export goods with little or no
transparency at all. This almost complete lack of control and transparency on the trade and
transfer of less lethal weapons and devices means that States with poor human rights records,
including those where such equipment may be misused for torture or other ill-treatment, can
continue to obtain such equipment and continue to misuse it.
However, there are indications that a growing number of States recognise their international
obligations to effectively regulate the trade of certain less lethal weapons and associated law
enforcement equipment, especially if such equipment can be readily (mis)used for torture and
other ill-treatment. For example at the regional level, in May 2005 the EU adopted Council
Regulation (EC) No. 1236/2005 concerning trade in goods which could be used for capital
punishment, torture or other cruel, inhuman or degrading treatment or punishment. The EU
‘Torture Regulation’, which came into force in May 2006, filled a major gap in human-rightsbased export controls, introducing unprecedented trade controls that are binding on all EU
Member States on a range of security equipment – including certain electric shock weapons,
RCAs and kinetic impact weapons. It has since been progressively strengthened with the
latest set of amendments extending coverage to bans on promotion, brokering and transit of
torture and death penalty goods across the EU, among other provisions.lxix
At the international level a major advance occured on 18 September 2017 with the launch of
Alliance for Torture Free Trade. To date, over 60 states from all regions of the world have
signed its Political Declaration to act together “to further prevent, restrict and end trade in
goods intended for use in torture or capital punishment”; and to adopt legislation and
efficient enforcement systems for the restriction and elimination of trade in such goods.lxx In
September 2018 the Global Alliance Member States committed themselves to working to
establish a UN process to explore “the feasibility and possible scope of a range of options,
including a legally binding instrument, to establish common international standards for the
import, export and transfer of goods used for capital punishment, torture or other cruel,
inhuman or degrading treatment or punishment”lxxi
States should establish effective national measures to regulate the trade in less lethal
weapons and associated law enforcement equipment. Such measures should:
Prohibit the export, import, transit, or trans-shipment of any less lethal weapons
and equipment that has no practical use in law enforcement other than for the
purpose of torture and other cruel, inhuman or degrading treatment or
punishment; or where its use in practice has revealed a substantial risk of
unwarranted injury.
Strictly regulate the export, import, transit, or trans-shipment to law
enforcement agencies of less lethal weapons and equipment that can be used
legitimately in a manner consistent with international human rights standards
for law enforcement, but nevertheless could also be misused to conduct or
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